1 2025:CGHC:17905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1999 of 2025 Shiv Kumar Saini S/o Ram Singh Saini Aged About 55 Years R/o House No. 25/729, Mahatma Gandhi Ward, Lodhipara, Raipur, District Raipur Chhattisgarh, Present Address Near Shiv Mandir, Village Saini Majra, Out Post Mathedi, Police Station Nagal, District Ambala (Haryana) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Excise Circle, Bilha, District – Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. Amit Veram, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 218/2025, registered at Police Station – Excise Circle, Bilha, District – Bilaspur (C.G.) for the offence punishable under Sections 34(1)(a), 34(2), 36 and 59-A of C.G. Excise Act. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The case of the prosecution, is that on 10.02.2025 the Police of Police Station concerned, on the basis of secret information stopped the Ashok Leyland container bearing vehicle No. HR-68-B-4175 in Raipur- Ambikapur National Highway near Sahu Dhaba at Village Chhatauna, Police Station Chakarbhatha, District Bilaspur, whereby total 8841.6 liter foreign liquor whisky was received from possession of its driver namely Shiv Kumar Saini, the present applicant. Hence, this application. 4. It is argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the applicant is driver of the vehicle in question who was on instruction of his master going to Bhutan for delivery of liquor which was sent by National Distilleries, Lihas (Goa) to Asian Trading Company Pvt. Ltd. at Thimpu (Bhutan) with permit, bilty, invoice of the goods as well as the documents of insurance of the liquor, regarding which the copies of the entire documents as invoice, insurance, permit etc. are collectively annexed with the bail application. are collectively annexed with the bail application. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicants are in jail since 10.02.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that a total 8841.6 liter foreign liquor whisky has been seized from the possession of the present applicant, therefore, 3 he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicants, further the applicant is driver of the vehicle in question who was on instruction of his master going to Bhutan for delivery of liquor which was sent by National Distilleries, Lihas (Goa) to Asian Trading Company Pvt. Ltd. at Thimpu (Bhutan) with permit, bilty, invoice of the goods as well as the documents of insurance of the liquor, regarding which the copies of the entire documents as invoice, insurance, permit etc. are collectively annexed with the bail application, charge-sheet has been filed against the applicants and they are in jail since 10.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Shiv Kumar Saini, involved in Crime No. 218/2025, registered at Police Station – Excise Circle, Bilha, District – Bilaspur (C.G.) for the offence punishable under Sections 34(1)(a), 34(2), 36 and 59-A of C.G. Excise Act, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar